St. Petersburg Medical Malpractice Attorneys
Medical malpractice is an area of law where victims of healthcare provider negligence may seek compensation for injuries and damages they have suffered. These cases are often expensive and hard fought by the insurance companies representing nurses, doctors and hospitals. If you have been injured by a negligent healthcare provider, you need experienced St. Petersburg medical malpractice attorneys who will fight to protect your legal rights.
Successfully representing plaintiffs in a medical malpractice case requires extensive knowledge of Florida law and a thorough understanding of the medical condition being treated. For nearly 25 years, the Fernandez Firm has been successfully representing plaintiffs who have suffered needless personal injury due to medical malpractice. Over that time, we have obtained more than $90 million in settlements and jury awards for our clients. Please contact our attorneys today if you have legal questions, our consultation is free.
Medical Mistakes Happen Daily
Medical malpractice is a hidden plague in America. Medical errors, including incorrect diagnoses, botched surgeries and medication mistakes, are the third leading cause of death in the United States, according to a 2016 study in the medical journal BMJ. Experts at Johns Hopkins University estimate that more than 250,000 Americans die each year due to medical mistakes — a cause of death third only to heart disease and cancer. Data from 2013 federal government hospitalization rates reveal that 10% of
hospital deaths that year stemmed from medical mistakes. That equates to 251,454
deaths from medical malpractice in 2013 alone.
Medical errors take many forms from misdiagnosis and surgical errors, to failing to consult with a specialist when one is necessary to properly treat a medical condition, to failing to maintain proper hygiene and cleanliness thereby resulting in avoidable infections and wrongful death. If you suspect that someone you love has been injured by medical malpractice in St. Petersburg, please contact our office for a free evaluation
of your claim.
What is Medical Malpractice?
Not all medical mistakes are the result of negligence. The law allows healthcare providers a degree of leeway when it comes to making treatment decisions and medical diagnosis — but there are limits. In Florida, a healthcare provider must administer medical treatment which meets the “standard of care.” In Florida, the prevailing professional standard of care is defined as:
“… that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”
The standard of care is determined by other healthcare providers in the same medical specialty, under similar circumstances. Therefore, to even file a lawsuit in Florida, a St. Petersburg medical malpractice lawyer must first obtain medical expert opinion substantiating the claim for medical negligence. Once a lawsuit is filed, the plaintiff must prove, by a greater weight of the evidence, that the nurse, doctor, hospital or healthcare professional acted, or failed to act, as a reasonable healthcare provider and, as a result,
caused injury or damage to their patient.
What’s the Statute of Limitations?
A St. Petersburg medical malpractice attorney must file a lawsuit within two years of the incident giving rise to the action (or within two years from when the Plaintiff knew or should have discovered the injury) but no later than four years from the date the medical malpractice occurred.
The only exception to these strict deadlines is when a healthcare provider engages in fraudulent concealment of the malpractice, intentionally deceiving a patient to delay or prevent them from discovering the malpractice. In this factual situation, the deadline to file suit (or statute of limitations) may be extended but proving fraud can be extremely difficult in most cases.
All too often patients and their family members are not told and do not realize that a medical mistake has occurred for months — or even years — after the incident. Thus, if you suspect medical negligence you should contact an experienced medical malpractice law firm immediately. Given the inherent complexity of these cases, it is the lawyers you hire have adequate time to obtain all medical records necessary to evaluate your case and protect your right to a recovery.
Free Malpractice Evaluations – Call Today!
If you have questions about whether you are the victim of medical malpractice and how your rights to compensation can be protected, contact a St. Petersburg medical malpractice lawyer at our firm today at 1-800-222-8163. At the Fernandez Firm, our medical malpractice attorneys in St. Petersburg are available 24 hours a day, 7 days a week to review your potential case Call today, your consultation is free.